gagee, and does not therefore require an entry to avoid it. HOLROYD and BEST JS. concurred. Judgment affirmed. (a) See Coote on the Law of Mortgage, p. 348. 1822. HALL against DoE dem. SURTEES. The KING against The Steward and Suitors of the Manor of HAVERING ATTE BOWER. CHITTY had obtained a rule nisi for a mandamus to the steward and suitors of the court of the lordship or manor of Havering Atte Bower, in the county of Essex, to receive and admit the plaint of Wm. Wood By charter the that the steward king granted and suitors of a manor should have power to hold a court for against George Butcher, and to issue process from the the determin said court thereon, and to proceed to hear and determine the same, pursuant to the charter of 2 Jac. 1. The affidavits set out the charter by which the king granted that the steward and suitors, for the time being, of the court belonging to the manor (which was of ancient demesne) should have power and authority to hear and determine, by plaints to be levied and prosecuted in the said court, pleas, debts, accounts, covenants, trespasses, as well' by force and arms committed as otherwise, deten tion of chattels, and all other contracts whatsoever, within the lordship or manor aforesaid made, done, or arising, although the same debts, &c. do amount to or exceed 40s. The charter had been acted upon, and the court regularly held every three weeks. But by the records it appeared, that the last plaint for a debt or contract had been heard and determined in 1776: the last instance of a suit in replevin was in 1790, and in ejectment, 222 ation of civil suits, and there had been a non user of the court for fifty years (except for the purpose of levying fines and suffering recoveries). Held, that this Court being for the public be nefit, the words of permission in the charter were obligatory; and that the right of determining suits was not lost by the non user. 1822. The KING against The Steward, ING ATTE BOWER. ejectment, in 1803; but fines and recoveries, relating to lands within the manor, had been constantly levied, suffered, and perfected up to the present time. The &c. of HAVER. application on the part of Wood was made in January last; when he, having appeared before a court duly held before the steward and suitors, on that day demanded to levy a plaint against Butcher, both being tenants within the manor, for the recovery of a debt of 17. 175., arising within the manor. Gaselee shewed cause, and stated, that the steward and suitors had no objection to the rule being made absolute, in case this Court were of opinion that the nonuser for fifty years had not deprived them of the power of holding any such court for the recovery of debts. Chitty, contrà, was stopped by the Court. Per Curiam. This being a court established for the public benefit, the words of permission used in the charter are obligatory; and the right of determining suits like the present cannot be lost by the non-user stated in this affidavit. And they referred to Rex v. Mayor and Jurats of Hastings, determined in last Hilary term. Rule absolute. (a) (a) Rex v. The Mayor and Jurats of Hastings. The charter of 20 Car.2. granted that the mayor and jurats of every one of the cinque ports or ancient towns might have and hold, and have power to have and hold, in each cinque port or ancient town, a court of record for determining suits concerning all manner of debts, accounts, covenants, contracts, &c. arising within their respective limits. A rule nisi having been obtained for a mandamus to the defendants to hold a court of record for those purposes, the Court of King's Bench, although it appeared by the affidavits that no such court had been held in Hastings since 1790, made the rule absolute. 1822. The KING against The Inhabitants of ST. THOMAS CARLYON, Esq., appealed against following assessment for the relief of the poor the parish of St. Austell, in the county of Cornwall. Rates on tin and copper dues, and water-courses. T. C. Esq., for Crinnis copper dues. owner of the of The sessions amended the rate by striking out this assessment, and stated the following case. Mr. Carlyon, at the time of making the rate, was not an inhabitant of St. Austell, nor the occupier of any land, house, or other property therein, unless he was deemed to be such soil, by inden ture, granted to own use, subject to a reservation therein contained, and to make such adits, shafts, &c. as they should think necessary: yielding and paying to him one full eighth share of all such tin, tin Occupier in respect of the said dues: as to which ore, ore, &c.; the same having of all been first spall ed, picked, or situate, between and fit to be the facts were, that he being seised in fee of the Joshua Rowe, his partners, fellow-adventurers, &c. full and free liberty, licence, power and authority, to dig, smelted. And the indenture contained a power either for payment in ore, or the am amount thereof in money, which had been acted upon; and the owner had received it in money: Held, that for this, his one-eighth share, he was liable to be rated as an occupier of land, the reservation operating as an exception out of the demise, and not being of the nature of a rent. 1822. The KING against The Inhabit ants of ST. AUSTELL work, mine and search, for tin, tin ore, copper, copper ore, and all other metals and minerals whatsoever, in and throughout all that part of his lands commonly called Crinnis, situate, lying and being in the parish of St. Austell, thereinafter limited and described, and the same to take, carry away, convert and dispose of to their own use, at their pleasure, subject to the reservation therein contained: and within the limits of the set thereby granted, to make such adits, shafts, &c. and to erect such sheds, &c. as they should from time to time think necessary: habendum for the term of 21 years: yielding and paying, laying out and delivering upon the grass, unto and for the use of the said Thomas Carlyon, his heirs or assigns, one full eighth part or share, or dish, of all tin, tin ore, copper, copper ore, lead, lead ore, and other metals and minerals which should or might, by virtue of the said indenture, be found and gotten, raised and brought to grass within the limits of the set thereby granted, during the said term; the same having been first well and sufficiently spalled, picked, washed, stamped or cressed, or otherwise, according to the several natures thereof, made merchantable and fit to be smelted and fairly divided, and laid out upon the grass at their costs and charges. The indenture contained further covenants, that they would, during the term, pay or deliver unto the said Thomas Carlyon, his heirs or assigns, or his toller or agent for the time being, the full and just one-eighth part, share, or dish therein reserved; or pay the same in money, at the election of the said Thomas Carlyon, his heirs or assigns, at such best price as the same could from time to time be sold for, within two months at farthest, after such tin, copper, or other metals and minerals should be returned and sold as as aforesaid; and would give six days' notice in writing to him, or his agent or toller, of the time of every weighing or division of the tin, tin ore, &c. to be raised and gotten by virtue of these presents: and also, that they would pay all, and all manner of rates, taxes, and assessments whatsoever, which should at any time thereafter, during the term thereby granted, be taxed, charged, assessed, or imposed upon the tin, &c.; and the money which should arise from the sale thereof, or the dues thereby reserved, or upon Thomas Carlyon, his heirs or assigns, for or in respect thereof, and indemnify him from the same; and would effectually work the premises in the most proper and effectual manner, with as ufficient number of labouring miners, unless prevented by water or other inevitable impediment. By virtue of this grant or set, the mine had been worked ever since the date thereof, by Joshua Rowe, and certain persons or adventurers claiming under him, at their own sole risk and expense, by their own labourers, and under the entire direction and superintendance of their own agents, and without any expense, risk, or interference whatsoever, of or by, or on the part of Thomas Carlyon. Various shafts, levels, and other works necessary to search for and obtain ore had been dug and made, and counting houses and other houses built by the adventurers at a great expense, under and by virtue of the said grant or set within the limits thereof; and the mine, and all the erections thereon, and shafts, levels, and other workings within the same, had always, since the working of the said grant or set, been, and still are, in the sole occupation and possession of the adventurers. The mine Z z 4 is 1822. The KING against The Inhabitants of ST. AUSTELL |